McDonnell is accused of performing official acts as governor, in order to help Henrico businessman Jonnie Williams. Prosecutors assert the governor directed subordinates to help Williams, days or minutes after McDonnell received a total of $177,000 in generous gifts and loans from Williams.

“Mere ingratiation and access are not corruption,” Francisco said. “You need to advocate a specific action for something to be considered an official act.”

In a brief news conference following the one-hour hearing, McDonnell expressed confidence in the defense’s primary argument, citing the support of more than 40 former attorneys general who filed amicus curiae briefs.

“This is a jury instruction and a theory of the law that is unprecedented,” McDonnell said. “It would make every elected official in the country a potential target for federal prosecutors because these are routine courtesies.”

“When you have every White House counsel from President Regan to President Obama, former counsel, saying this is grossly wrong under the law, I think that says a lot,” McDonnell added.

King and Presiding Judge Diana Gribbon Motz then asked why more questioning would be needed, with Francisco responding people may have felt pressured to sit, not comfortable admitting in a public display they had formed opinions on guilt or innocence.

The three-judge panel also included Judge Stephanie D. Thacker, and is expected to make a decision by September.

The current term for the Fourth Circuit ends Wednesday, with judges returning Sept. 15. The judges can either throw out all convictions, uphold all convictions, or order a new trial.

The losing side may then appeal to the entire appeals court, or elect to skip the step and petition the U.S. Supreme Court to hear the case.

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The McDonnell’s where indicted of crimes including 18USC201 Bribery.
Yet it appears 18USC201 does not apply to state officials [at(a)(1)] unless the context of the bribe was a federal government issue (Rod Blagojevich).
Plus the McDonnell’s were NOT CONVICTED of 18USC201 Bribery.

The McDonnell’s were CONVICTED of 18USC1951(b)(2) “obtaining of property from another, with his consent, induced by wrongful use of “. . “color of official right”?
That is extortion with a strong flavor of VA18.2-111 “Embezzlement, Larceny” of a ‘gift’ that really belonged to the OFFICE not the officER in that it was received by virtue of the office and not the man,

So the ‘official acts’ and ‘quid pro quo’ argument means nothing in the appeal of the crime for which Gov.Bob was convicted.

The McDonnells were also convicted of federal fraud in defrauding both Jonnie Williams and the People of Virginia of the honest services their office requires by law in a conspiracy to commit VA & common law bribery.
The McDonnells’ appeal is either irrelevant non-sense or smoke to cover a fixed appeal – They appeal against a crime for which they were not convicted.
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Likewise the brief signed by many VA government officers that are deemed by law and professional standing to know the law. Those persons have submitted their VA18.2-481(5) felony to the judges asking them to be party to their felony of “Resisting the execution of the laws under the (mere) color of its (the laws) authority”.
The AG’s and other lawyer’s motive is due because they are public record conclusively evidenced as being GUILTY under the same laws under which McDonnell is GUILTY.
When the outcome is more important than either the law or justice there is no need for the AG’s to read the court’s conviction ruling.
This is our current events proof that our “Republic of Laws” has been overtaken by the VRICO ambitions of men in office who raise their criminal gang above the state’s authorizers – its People – and the People’s lawful law. AND against God’s law.”THOU SHALT NOT STEAL”.
That such adultery and VRICO conceits are defined as VA18.2-481(5) TREASON and VA18.2-111 EMBEZZLEMENT of the law by its officers is no accident.
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The McDonnell-McAuliffe drama is not finished yet.
Customary Felon is still Felony.
What is civilly permitted under the ‘new’ ‘ethics’ legislation is STILL prohibited crime under
* Felony 18USC1951(b)(2) “obtaining of property from another, with his consent, induced by wrongful use of “. . “color of official right” (EXTORTION)
&
*VA18.2-111 “EMBEZZLEMENT, LARCENY” (at misdemeanor level prospectively but at felony level in the present and past) of a ‘gift’ that was “received by virtue of the office” really belonged to the OFFICE not the officER.
&
God’s Law “THOU SHALT NOT STEAL”.
In the future these crimes could be entirely avoided by only accepting gifts in the OFFICES’ name ONLY and accounting for the transaction with an official receipt.
In the past these customary personal felonies by Virginia officials are conclusively evidenced and still due the full weight of the law.
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In the past those legion of officials with customary felony have been protected from a grand jury’s indictment because of official (and felonious) subversion of VA19.2-191 &200.
It appears that the only available remedy is ***sufficiently broad citizen education on the power and duty of Virginia grand and petite juries***.
Only then will some grand jury shake off the essentially criminally placed leash put on them by their handlers (judge & CA)
Given ANY Virginia grand jury fully informed of their VA19.2-191 & 200 authority & duty a sweeping probable cause indictment of every living member of the Virginia GA and Bar association would then issue from the grand jury – but no judge or potential pro tempore judge could even attempt to try the cases short prompting their immediate arrest on contempt and TREASON.
The only person remaining with authority to adjudicate the matter would be a NON-lawyer governor like Terry McAuliffe and his adjudication would be constitutionally limited to PARDON UNDER PAROLE OATH.
Then freedom well and durably achieved might arise from VIRGINIA and sweep the nation due its immediate and HUGE practical and spiritual benefit.